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Judicial Determination of The Act On The Broker's Contractual Fraud

Jiang Xian-liang

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Abstract

Crime of contractual fraud is a frequent crime in practice. Especially for recent years, the crime is rampant, along with the development of market economy and more frequency of economic association. One of the important reasons is that the class of the representatives appears during the course of signing contract. Then the brokerage contract is added to the former fraudulent contract. So contractual relationship is more complicated. The fact impels me to ponder over the judicial determination of the act on the broker's contractual fraud. In my opinion, the recognition of the crime of contractual fraud should not be confined to the to one style between defrauder and victim, because defrauder and broker may defraud jointly, so the act of broker should be brought into the domain of the evaluation of the criminal responsibility. Ever then, the order of Market Economy and the property of contractual party can be better protected.

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What this paper is about

Crime of contractual fraud is a frequent crime in practice. Especially for recent years, the crime is rampant, along with the development of market economy and more frequency of economic association. One of the important reasons is that the class of the representatives appears during the course of signing contract. Then the brokerage contract is added to the former fraudulent contract. So contractual relationship is more complicated. The fact impels me to ponder over the judicial determination of the act on the broker's contractual fraud. In my opinion, the recognition of the crime of contractual fraud should not be confined to the to one style between defrauder and victim, because defrauder and broker may defraud jointly, so the act of broker should be brought into the domain of the evaluation of the criminal responsibility. Ever then, the order of Market Economy and the property of contractual party can be better protected.

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Available abstract

Crime of contractual fraud is a frequent crime in practice. Especially for recent years, the crime is rampant, along with the development of market economy and more frequency of economic association. One of the important reasons is that the class of the representatives appears during the course of signing contract. Then the brokerage contract is added to the former fraudulent contract. So contractual relationship is more complicated. The fact impels me to ponder over the judicial determination of the act on the broker's contractual fraud. In my opinion, the recognition of the crime of contractual fraud should not be confined to the to one style between defrauder and victim, because defrauder and broker may defraud jointly, so the act of broker should be brought into the domain of the evaluation of the criminal responsibility. Ever then, the order of Market Economy and the property of contractual party can be better protected.

Key concepts: Business, Order (exchange), Law, Political science, Finance

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